A case of DNR vs. GVT

An intereting work around on ths case

**Exclusive Fri Mar 18 2005 00:50:07 ET** The Chairman of the Health, Education, Labor, and Pension (HELP) Committee, Mike Enzi (R-Wyoming) has requested Terri Schiavo to testify before his congressional committee, the DRUDGE REPORT has learned. In so doing it triggers legal or statutory protections for the witness, among those protections is that nothing can be done to cause harm or death to this individual.

Members of Congress went to the U.S. Attorney in DC to ask for a temporary restraining order to be issued by a judge, which protects Terri Schiavo from having her life support, including her feeding and hydration tubes, removed... Developing...

Interesting enough, eve teh stories looking to help her are incorrect. She has no "life support" except feeding/hydration.
 
Bad move, here. In effect, they want to subpoena her because then a fed law kicks in which disallows causing harm or death to a witness under fed subpeona. Clever, but think about that. What's next? An anti-death penalty set of congressmen subpeona death row inmates on the eve of their executions? Hmmmm.
 
What if they wheel her in & realize she's not a vegetable & can't do a damned thing to stop it. Shouldn't the law err on the side of life?
 
It's like the situation is out of a creepy Hitchcock movie: Michael Shiavo tries to use the courts to execute his wife, and will have destroyed any evidence of his evil deed by authority of that same court. No body, no autopsy, no evidence, no funeral. Like she never existed. The perfect crime.

Meanwhile, from the "while there's life there's hope or it ain't over 'til it's over" files:

http://breakingnews.nypost.com/dyna...AMAGED_WOMAN_CONGRESS?SITE=NYNYP&SECTION=HOME

Congress Announces Deal in Schiavo Case
Mar 19, 7:18 PM EST

WASHINGTON (AP) -- Congressional leaders hoped a deal reached Saturday would clear the way for a brain-damaged woman to resume being fed while a federal court reviews the right-to-die battle between her parents and her husband.

"We think we have found a solution" to the Terri Schiavo case, House Majority Leader Tom DeLay, R-Texas, said at a Capitol Hill news conference.

"I'm pleased to announce that House and Senate Republican leadership have reached an agreement on a legislative solution," Senate Majority Leader Bill Frist of Tennessee said a few hours later at the start of a brief Senate session.

"Under the legislation we will soon consider Terry Schiavo will have another chance," said Frist.

"We are confident this compromise addresses everyone's concerns, we are confident it will provide Mrs. Schiavo a clear and appropriate avenue for appeal in federal court, and most importantly, we are confident this compromise will restore nutrition and hydration to Mrs. Schiavo as long as that appeal endures," DeLay said.

House approval was hoped for Sunday when the House planned to in a special session, he said.

President Bush was expected to sign the bill as soon as it gets to him.

There are too many unanswered question in this case-- See the Timeline at http://www.terrisfight.org/. This is exactly the kind of issue in which the gov. should intervene.
 
The Other One said:
Michael Shiavo tries to use the courts to execute his wife, and will have destroyed any evidence of his evil deed by authority of that same court. No body, no autopsy, no evidence, no funeral. Like she never existed. The perfect crime.

You've got that backwards, she'd already be dead if the courts and in fact the governor hadn't intervened. I agree that there are a lot of questions, but changing it to an emotional issue ("please don't kill my little girl") is just wrong. The courts have in fact ruled on the case. :shrug:
 
Checks & Balances. The courts do not necessarily have final word. That was their ruling in Marbury VS Madison and is the source of many of todays troubles. Judiciary legislation. That's unconstitutional.
 
How about that...Murder Inc is still in business.

A bill aimed at prolonging the severely brain-damaged woman's life was delayed in Washington when House Democrats blocked a voice vote, forcing Republicans to scramble on Palm Sunday for a quorum of 218 members. A roll call vote could be held as early as 12:01 a.m. Monday, House leaders said.
 
chcr said:
You've got that backwards, she'd already be dead if the courts and in fact the governor hadn't intervened. I agree that there are a lot of questions, but changing it to an emotional issue ("please don't kill my little girl") is just wrong. The courts have in fact ruled on the case. :shrug:


It is an emotional issue, and it always has been: flesh and blood should have the final word in life or death decisions of relatives, not a husband who since receiving a $1.2 million malpractice lawsuit award on behalf of his wife has provided only minimal care for her, not allowing any therapy or rehabilition, order her not to be taken outside into the fresh air and sunshine, not even a radio or t.v. turned on in her room. As her husband, he will inherit the remainder of the money when she dies. If he divorces her, he won't get a dime. While still her husband, he has set up house with another woman and fathered 2 children. You have to wonder why he won't give up his legal right as her guardian and let the people who will cherish that obligation have it back: her parents. It's common sense, and basic human decency.

Carla Sauer Iyer was a Licensed Practical Nurse (LPN) at the convalescent center where Terri Shiavo was kept in the mid 1990s. She testified in a lawsuit brought against Michael Shiavo by Terri's parents. In an affadavit she described Mr. Schiavo as being "focused on Terri's death:

"Michael [Schiavo] would say, 'When is she going to die? Has she died yet?' and 'When is that bitch going to die?'" Iyer charged. "Other statements which I recall him making include, 'Can't anything be done to accelerate her death, won't she ever die?' When she wouldn't die, Michael [Schiavo] would be furious."
Seems like Shiavo has his OWN emotional issues.


744.3215 Rights under Florida Law of persons determined incapacitated:
http://www.zimp.org/

(1) A person who has been determined to be incapacitated retains the right:

>To have an annual review of the guardianship report and plan.

>To have continuing review of the need for restriction of his or her rights.

>To be restored to capacity at the earliest possible time.

>To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.

>To have a qualified guardian.

>To be properly educated.

>To receive necessary services and rehabilitation.

>To receive visitors and communicate with others.
I believe the above sampling from the statute have been violated in one way or another with regards to Terri Shiavo's care.

http://www.theempirejournal.com/

Schiavo Judge in Contempt of Congress,
Violated Supremacy Clause

The nation’s most controversial husband began the court-ordered execution of his wife Friday after the chief executioner, Sixth Circuit Court Judge George W. Greer intentionally refused to comply with federal subpoenas ordering the disabled woman to be kept alive so she could appear as a federal witness in a Congressional investigation into non-ambulatory health care.

Federal law protects witnesses called before Congress “from anyone who may obstruct or impede a witness’ attendance or testimony”.
Greer said in 2002: "The law of the case is that she is gonna die!" in case managment hearings leading up to the October 2002 Evidentiary Trial, when angered at Terri's parent's attorney.

Greer's emotional reaction to an emotional issue. HIS way or the highway.

If her parents want to care for her, then LET them. She is their child. Where is the harm?


Impression by William M. Hammesfahr, M.D. September 12, 2002 Re: Terri Schiavo

I was asked to examine Terri Schiavo per the request of the Second District
Court of Appeal. They requested that current information about her present
medical condition be obtained. They also requested that an evaluation be performed to ascertain treatment options.

The patient is not in coma

She is alert and responsive to her environment. She responds to specific
people best. She tries to please others by doing activities for which she gets verbal praise. She responds negatively to poor tone of voice. She responds to music.

She differentiates sounds from voices.

She differentiates specific people's voices from others

She differentiates music from stray sound

She attempts to verbalize

She has voluntary control over multiple extremities

She can swallow

She is partially blind

She is probably aphasic and has a degree of receptive aphasia

She can feel pain

http://www.hospicepatients.org/william-hammesfahr-md-09-12-02-report-re-terri-schiavo.html

Death from dehydration. Not a pretty thought. If this were a true right-to-die case the issue would be "pulling the plug." She is not being kept alive by extraordinary measures, only simply ordinary care: food and water. It's all anybody needs. Shindler Family Statement: "It is amazing to think that, in
America, it is easier to execute someone who has committed no crime
than someone who has."
 
This has been through the courts more than once. Same result each time. I guess it doesn't matter about constutionality if it offends the right people's sensibility. :shrug:
 
Does she have a living will? If not, how do we know this is her wish. Her parents say it isn't.
 
We have a procedure in place for dealing with such a situation. It has been dealt with more than once. It should be over. :shrug:

If they don't like the procedure, why would they wait until so late in the process to voice objections. Of course, now congress has it so it'll be a political football for as long as they can make it last. I fail to see how that addresses the issue in any way.
 
They waited because common sense failed and states rights are in the way. They are not pulling the plug on some invalid who has a respirator doing the breathing. They are denying basic human sustenance. If I did that to my child I'd be tried for murder. Hell, if I did that to my dog I'd be tried with a crime.

This is an unusual case with unusual circumstances. Somebody needs to speak for the woman in the bed. Her parents are trying. Her husband wants her dead.

Again, shouldn't we err on the side of life?
 
Again, it has been to court more than once. The court has decided in favor of the husband each time. Of course, they don't do anything foolish in court like, oh, say, examining the evidence and making an informed decision. Here's a case where "faith" is invloved. If you believe our court system to be so horrfyingly biased, why aren't you trying to overthrow the government? I don't believe you or I have enough information on the case to decide it on it's merits. The woman has been a vegetable for fifteen years, and clearly the courts found no compelling reason for continuing the medical measures that are keeping her "alive." You are listening to an emotional argument ond putting forth a knee-jerk reaction. Certainly your right, I simply disagree.
 
I've been following this for over two years. It's not emotion. There are doctors saying she is/she isn't in a Persistant Vegetative State. There is ample evidence that she has absolute emotions...smiles at mom, frowns or ignores her husband. There are claims she is trying to speak.

She's had no therapy to see if she is capable of improvement for (13, 14, 15?) years. Virtually every person who has personally visited her has come out saying she's not a vegetable.

Is there harm done by allowing her to live? There certainly is if she's starved to death. Starvation is not the same as ending artificial life support.
 
Timeline.

One judge has presided over a vast majority of these rulings. The Court of Appeals never looks at the case, just the logistics.
 
One judge has ordered it removed 4 times and has been overridden 3 times.(this being the fourth)

Michael Schiavo has a conflict of interest.

I didn't decide the courts were/are wrong, they have. I'm just witnessing a state execution of an innocent party.
 
From a Larry King interview 3-18-05

Mikey Shiavo's Freudian slip....

http://transcripts.cnn.com/TRANSCRIPTS/0503/18/lkl.01.html

M. SCHIAVO: I won't give it up. Terri is my life. I'm going to carry out her wishes to the very end. This is what she wanted. It's not about the Schindlers, it's not about me, not about Congress, it's about Terri.

KING: Have you had any contact with the family today? This is a sad day all the way around, Michael. We know of your dispute.

M. SCHIAVO: I've had no contact with them.

KING: No contact at all?

M. SCHIAVO: No.

KING: Do you understand how they feel?

M. SCHIAVO: Yes, I do. But this is not about them, it's about Terri. And I've also said that in court. We didn't know what Terri wanted, but this is what we want...

http://www.theempirejournal.com/03200544_michael_admits_he_didn.htm

....May land him in the slammer for perjury. He testified in court that upon watching a movie about Karen Ann Quinlan she made a statement to him, and Shiavo repeated it King in an interview in '03:

KING: It's not written anywhere, right?

SCHIAVO: Yes, but it's been decided for six years of litigation that this was Terri's wish.

KING: A 25-year-old said to you, if I die, if I'm in this kind of state, most 25-year-olds wouldn't think of something like that?

SCHIAVO: It was a comment from watching certain programs. She said, we were watching some programs, and she says, I don't want anything artificial like that. I don't want any tubes. Don't let me live like that. I don't want to be a burden to anybody.

CALLER: Yes. Does it bother you that the death is so slow? Maybe Dr. Kevorkian-style would be a faster, more peaceful way?

SCHIAVO: Removing somebody's feeding is very painless. It is a very easy way to die. Probably the second better way to die, being the first being an aneurysm.

http://www.sweetliberty.org/bulletins/terri/lkl1.htm
Larry King Live transcript 10-27-03

With all the stress about making sure his wife dies he is having trouble keeping his stories straight.
 
Im still iffy on the specifics regarding this case. The whole husband thing still bothers me and I still havent had many of my questions answered.

BUT....

Im pretty disgusted with how the repubs are jumping on this to use for their political advantage. I guess nothing is sacred when it comes to scoring political points. Arent these the same folks who recently passed legislation to restrict law suits that could have an impact in a case like this (where they got their original money from)? Arent these the same folks who want to make huge cuts in Medicaid that is helping to cover certain expenses in this woman's hospitalization? The hypocrisy... And dont get me started on Tom Delay who is just tripping over himself to mouth off about this issue. ANYTHING to separate him from of his self made slime trap of corruption hes been fighting all year now. How come congress doesnt hold late night emergency sessions to save every slowly dieing person that slips through the siv that is our health care system? Why are they making legislation for one family? Isnt this representative body supposed to approach their duty from the blunt deliberative broad end of things and not micro manage specific and individual cases? Isnt that a job for the COURTS? And where the hell do they get off saying they can make a medical judgment by looking at a few minutes of film clips when medical professionals MANDATED by the courts to carefully observe and asses the situation have concluded that she is indeed in a vegetative state? What arrogant hubris... Its almost enough to get me to not care about my issues with the husband.
 
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